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MOTHS v. UNITED STATES

No. 9927.

179 F.2d 824 (1950)

MOTHS v. UNITED STATES et al.

United States Court of Appeals Seventh Circuit.

February 2, 1950.

Attorney(s) appearing for the Case

Drought & Grootemaat, Milwaukee, Wisconsin, Ralph J. Drought, Oliver A. Grootemaat, Milwaukee, Wisconsin, S. J. Crumpacker, South Bend, Indiana, attorneys for defendant-appellant.

L. M. Hammerschmidt, South Bend, Indiana, James E. Keating, Asst. U. S. Attorney, South Bend, Indiana, Milton A. Johnson, South Bend, Indiana, Bruce C. Hammerschmidt, South Bend, Indiana, of counsel, attorneys for appellee.

Before KERNER, LINDLEY, and SWAIM, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff, Dorothy J. Moths, sued to recover on her husband's National Service Life Insurance policy. Defendant, Ray John Moths, father of Russell J. Moths, the soldier to whom the policy was issued, answered, claiming to be the principal beneficiary under the policy. The United States admitted that it owed someone the amount of the policy, and asked the court to determine which of the two claimants was entitled to the proceeds. The question...

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